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The facts of the Occurrence or intentional act must be proved by independent corroborative evidence, other than the testimony of the Insured making a claim under this or similar coverage, unless such testimony is supported by additional evidence.

However, Uninsured Motor Vehicle does not include any vehicle:

a. Owned or operated by a self-insurer under any applicable motor vehicle law, except a self-insurer who is or becomes insolvent and cannot provide the amounts required by that motor vehicle law. However, where the Uninsured/Underinsured laws of the state of Florida apply, Uninsured Motor Vehicle includes any vehicle owned or operated by a self-insurer under any applicable motor vehicle law;

b. Designed for use mainly off public roads while not on public roads;

c. Owned by or furnished or available for the Named Insured's regular use or that of any Family Member, if the Named Insured is an individual; or

d. Owned by any governmental unit or agency, unless the owner or operator of the Uninsured Motor Vehicle has:

1) An immunity under applicable tort liability law; or

2) A diplomatic immunity.

5. Underinsured Motor Vehicle means a land motor vehicle or trailer to which a liability bond or policy applies at the time of the Occurrence but the amount paid for Bodily Injury or Property Damage to an Insured under that bond or policy is not enough to pay the full amount the Insured is legally entitled to recover as damages.

However Underinsured Motor Vehicle does not include any vehicle or trailer:

a. Owned or operated by a self-insurer under any applicable motor vehicle law;

b. Owned by a governmental unit or agency; or

c. Designed for use mainly off public roads while not on public roads.

(Definition 5. above only applicable where the Uninsured/Underinsured Motorist laws of West Virginia apply)

6. Uninsured/Underinsured Motorists Retained Limit, as specified in the Declarations above, means either:

a. the Auto liability limit as provided by a policy listed in Scheduled Underlying Insurance; or

b. the Auto liability Retained Limit as listed in the Schedule of Retained Limits.

All other terms, definitions, conditions, and exclusions of this policy remain unchanged.

**NOTICE:** THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK STATE INSURANCE DEPARTMENT. HOWEVER, SUCH FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW 82610 (2007) INSURANCE LAW AND REGULATIONS.

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Authorized Representative or Countersignature (Where Applicable)

Includes copyrighted material of the Insurance Services Office, Inc., with its permission.
Copyright, Insurance Services Office, Inc., 2000

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